Legislation – Care Act 2014

Care Act 2014, Paragraph 1 is up to date with all changes known to be in force on or before 11 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Schedule 1 Paragraph 1:

s. 15(2)–(3B) substituted for s. 15(2)(3) by 2022 c. 31 s. 166(2)
s. 26(1)–(2A) substituted for s. 26(1)(2) by 2022 c. 31 s. 166(4)
Sch. 1 para. 1(1) applied by 1983 c. 20, s. 117(3A) (as inserted) by 2025 c. 33 s. 46(3)

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 15(2)–(3B) substituted for s. 15(2)(3) by 2022 c. 31 s. 166(2)
s. 26(1)–(2A) substituted for s. 26(1)(2) by 2022 c. 31 s. 166(4)

SCHEDULES

SCHEDULE 1Cross-border placements

Placements from England to Wales, Scotland or Northern Ireland

1 (1)

Where a local authority in England is meeting an adult’s needs for care and support by arranging for the provision of accommodation in Wales, the adult—

(a)

is to be treated for the purposes of this Part as ordinarily resident in the local authority’s area, and

(b)

is accordingly not to be treated for the purposes of the Social Services and Well-being (Wales) Act 2014 as ordinarily resident anywhere in Wales.

(2)

Where a local authority in England, in reliance on section 22(4), is making arrangements which include the provision of accommodation in Wales, section 22(4) is to have effect as if for paragraph (a) there were substituted—

“(a)

the authority has obtained consent for it to arrange for the provision of the nursing care from the Local Health Board for the area in which the accommodation is provided,”.

(3)

Where a local authority in England is meeting an adult’s needs for care and support by arranging for the provision of accommodation in Scotland—

(a)

the adult is to be treated for the purposes of this Part as ordinarily resident in the local authority’s area, and

(b)

no duty under Part 2 of the Social Work (Scotland) Act 1968 or sections 25 to 27 of the Mental Health (Care and Treatment) (Scotland) Act 2003 applies in the adult’s case.

(4)

Where a local authority in England is meeting an adult’s needs for care and support by arranging for the provision of accommodation in Northern Ireland—

(a)

the adult is to be treated for the purposes of this Part as ordinarily resident in the local authority’s area, and

(b)

no duty under the Health and Personal Social Services (Northern Ireland) Order 1972 or the Health and Social Care (Reform) Act (Northern Ireland) 2009 to provide or secure the provision of accommodation or other facilities applies in the adult’s case.

(5)

Section 22 (prohibition on provision of health services) is to have effect—

(a)

in its application to a case within sub-paragraph (1)—

(i)

as if the references in subsections (1) and (6) to the National Health Service Act 2006 included a reference to the National Health Service (Wales) Act 2006, and

(ii)

as if the reference in subsection (6) to F1an integrated care board or F2NHS England included a reference to a Local Health Board;

(b)

in its application to a case within sub-paragraph (3)—

(i)

as if the references in subsections (1) and (6) to the National Health Service Act 2006 included a reference to the National Health Service (Scotland) Act 1978, and

(ii)

as if the reference in subsection (6) to F3an integrated care board or F2NHS England included a reference to a Health Board or Special Health Board;

(c)

in its application to a case within sub-paragraph (4)—

(i)

as if the references in subsections (1) and (6) to a service or facility provided under the National Health Service Act 2006 included a reference to health care provided under the Health and Personal Social Services (Northern Ireland) Order 1972 or the Health and Social Care (Reform) Act (Northern Ireland) 2009, and

(ii)

as if the reference in subsection (6) to F4an integrated care board or F2NHS England included a reference to a Health and Social Care trust.

(6)

Regulations may make further provision in relation to arrangements of the kind referred to in this paragraph.

(7)

The regulations may specify circumstances in which, in a case within sub-paragraph (3), specified duties under Part 2 of the Social Work (Scotland) Act 1968 are nonetheless to apply in the case of the adult concerned (and paragraph (b) of that sub-paragraph is to be read accordingly).